Only applicable on flights to/from the United States of America (US)
These conditions govern the relationship between the passenger and the Carrier when it comes to traveling on an aircraft with a ticket that has the Carrier's Airline Designator Code for the particular flight or segment.
It is highly recommended that passengers read the Conditions of Carriage carefully, as they provide essential information, such as limitations on the Carrier's liability in case of damage or delay to the passenger or their baggage.
If the Carrier's liability limits do not meet the passenger's requirements, it is advised to consider obtaining personal travel insurance.
The Conditions of Carriage below are displayed in a pending status until reviewed and approved by DOT. Please note that the document is effective and legally binding even in pending status.
“Airline Designator Code” means the two characters or three letters that identify particular air carriers.
“Authorized Agent” means a sales agent authorized by the Carrier to represent the Carrier in the sale of transportation services.
”Baggage” means such articles, effects, and personal property brought along by the Passenger and intended for his/her use in connection with the trip. Unless otherwise specified, it includes the Passenger’s Checked and Unchecked Baggage.
”Baggage Check” means those portions of the Ticket which relate to the Carriage of the Passenger´s
”Baggage Identification Tag” means a document issued by the Carrier solely for the identification of a specific piece of Checked Baggage.
“Cargo” and “Goods” means anything carried or to be carried in an aircraft except mail or baggage carried under a passenger ticket and baggage check, but includes baggage moving under an air waybill or shipment record.
“Carriage” means Carriage of the Passenger and/or Baggage by air.
”Carrier” means P/F Atlantic Airways, Faroe Islands (hereinafter referred to as “Atlantic Airways”), or any other carrier whose Airline Designator Code appears on a Ticket or on a Conjunction Ticket which undertakes Carriage.
”Carrier’s Regulations” means all of the Carrier´s requirements, rules, instructions, Tariffs, and practices, information about which can be obtained at the offices or on the carrier’s website.
“Check-In Deadline” means the time limit before which the Passenger must have carried out the check-in formalities in the specific airport specified by the airline, including, if applicable, Baggage check-in and receipt of the boarding pass.
”Checked Baggage” means Baggage of which the Carrier takes sole custody during the Carriage from the Passenger’s check-in at departure until the point of arrival and for which the Carrier has issued a Baggage Check.
“Conjunction Ticket” means a Ticket issued to the Passenger in conjunction with another Ticket which together constitutes a single contract of Carriage.
“Convention” means whichever of the following legal instruments applies to the contract of Carriage:
• The Montreal Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal on 28 May 1999 (hereinafter referred to as the Montreal Convention).
• The Warsaw Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw, October 12, 1929, or where applicable, that Convention, as amended, including without limitation, by the Protocol signed at The Hague September 28, 1955.
“Code Share” means the operation of flights by one Carrier for which space is offered by another Carrier using its own Airline Designator Code alone or jointly with the Operating Carrier’s Airline Designator Code.
“Damage” includes death, injury, loss, partial loss, or other Damage arising out of or in connection with the Carriage or other services the Carrier performs.
“Days” means the calendar days that include all seven days of the week, where it is understood that, for the purpose of notices, the day upon which the notice is dispatched shall not be counted; and that for purposes of determining the duration of validity of the Ticket, the day upon which the Ticket is issued, or the flight commenced, shall not be counted.
“Flight Coupon” means that portion of the Ticket that bears the notation “good for passage” and indicates the particular places between which the coupon is good for Carriage.
“Operating Carrier” means the Carrier that is actually operating the flight.
“Passenger” means any person, except members of the crew, carried or to be carried in an aircraft under a Ticket.
“Passenger Coupon” or “Passenger Receipt” means that portion of the Ticket issued by or on behalf of the Carrier, which is so marked and which ultimately is to be retained by the passenger.
“SDR” means a Special Drawing Right, which is the composite unit of currency that is the official unit of exchange of the International Monetary Fund.
“Stopover” means a scheduled stop on the Passenger’s journey at a point between the place of departure and the place of destination as shown on the Passenger’s Ticket.
“Tariff” means the published fares, charges, and/or related conditions of Carriage of an airline that is filed, where required, with the relevant authorities.
“Ticket” means either the document entitled “Passenger Ticket and Baggage Check” or an electronic ticket issued by or on behalf of the Carrier, including the conditions of contract, which are incorporated by reference and other notices, the Flight Coupons, as well as the Passenger Coupons.
“Unchecked Baggage” means any of the Passenger’s Baggage other than Checked Baggage.
These Conditions of Carriage apply to Carriage by air of the passengers and baggage where Atlantic Airways, identified by its Airline Designator Code (“RC”) appears in the “carrier box” of the Ticket for the relevant flight or flight segment, except as provided in Articles 2.2, 2.3 and 2.4.
The Conditions of Carriage outline the passenger's responsibilities and rights towards the Carrier and the Carrier's obligations and rights towards the passenger on flights to/from the United States. These Conditions of Carriage also apply to gratuitous and reduced fare Carriage except to the extent that the Carrier has provided otherwise in Carrier’s Regulations or in the relevant contracts or Tickets.
These Conditions of Carriage do not apply to carriage of Cargo. Carriage of Cargo is subject to the terms and conditions of any air waybill or shipment record issued and any general conditions of carriage for cargo adopted by the Carrier.
If carriage is performed according to a charter agreement, these Conditions of Carriage apply only to the extent they are incorporated by reference or otherwise in the charter agreement or the ticket.
The following provisions of these Conditions of Carriage are not applicable to Carriage performed on the basis of a charter agreement:
a) Article 3.5: Period of validity;
b) Article 4.3: Taxes and charges;
c) Article 5: Reservations;
d) Article 9.2: Cancellation, re-routings and delays;
e) Article 9.3: Denied boarding; and
f) Article 10: Refunds.
2.3 CODE SHARES
If Carriage is performed on the basis of a Code Share agreement, these Conditions of Carriage shall apply when Atlantic Airways is the Operating Carrier. The provisions contained herein with respect to ticketing will apply to Atlantic Airways’ Code Share services on flights operated by other carriers.
The baggage liability provisions set forth in these Conditions of Carriage will govern the liability of Atlantic Airways with respect to any transportation subject to this contract.
When another carrier operates a flight on which Atlantic Airways’ designator code appears, the operating carrier’s contingency plan for lengthy tarmac delays will apply to that flight.
2.4 OVERRIDING LAW
To the extent that any provision contained or referred to herein is contrary to anything contained in the Convention where applicable and any applicable national laws, government regulations, orders, or requirements that cannot be modified or waived by agreement of the parties, such provision shall not apply. The invalidity of any provision shall not affect the validity of any other provision.
3.1 TICKET PRIMA FACIE EVIDENCE OF CONTRACT
The Ticket constitutes prima facie evidence of the contract of Carriage between the Carrier and the Passenger named on the Ticket. The “Conditions of Contract” contained in the Ticket are a summary of some of the provisions of these Conditions of Carriage.
3.2 REQUIREMENT FOR TICKET
A person shall not be entitled to Carriage unless that person presents a valid Ticket, which is duly issued in accordance with Carrier´s Regulations and, except in the case of an electronic ticket, containing the Flight Coupon for that flight, all other unused Flight Coupons and the Passenger Coupon. A Passenger shall furthermore not be entitled to Carriage if the Ticket presented is mutilated or if it has been altered by others than the Carrier or an Authorized Agent.
3.3 LOSS OR MUTILATION OF TICKET
The Carrier may at the Passenger´s request and subject to Carrier´s Regulations, replace a lost or mutilated Ticket, or part thereof, by issuing a new Ticket upon receipt of proof satisfactory to the Carrier that a Ticket valid for the Carriage in question was duly issued.
The Passenger is liable to reimburse the Carrier for any costs and/or losses arising out of any misuse of the original Ticket. The Passenger’s liability extends to costs and/or losses incurred by any Carrier in connection with the Passenger’s flight, however, the total liability amount may not exceed the full value of the original Ticket.
3.4 TICKET NOT TRANSFERABLE
Except as otherwise stated in the Ticket, a Ticket is not transferable. The Carrier will only provide Carriage to the Passenger named in the Ticket, and the Passenger may be required to produce appropriate identification of his/her person.
3.5 PERIOD OF VALIDITY
Except as otherwise provided in the Ticket, in these Conditions of Carriage or in Carrier’s Regulations, a
Ticket is valid for:
a) one year from the date of commencement of travel; or
b) if no portion of the Ticket is used, one year from the date of issue thereof.
3.6 EXTENSION OF VALIDITY
If the Passenger is prevented from travelling within the period of validity of the Ticket due to an act on the part of the Carrier, the validity of such Passenger´s Ticket will be extended until the Carrier´s first flight on which space is available in the class of service for which the fare has been paid.
When a Passenger holding a Ticket is prevented from travelling within the period for validity of the Ticket because at the time such Passenger requests a reservation the Carrier is unable to provide space on the flight, the validity of such Passenger´s Ticket will be extended in accordance with Carrier´s Regulations.
Under certain circumstances, as for instance illness, the period of validity may be extended in accordance with the rules governing the fare paid.
3.7 FLIGHT COUPON SEQUENCE
The Carrier will honor Flight Coupons only in sequence from the place of departure as shown on the Ticket.
If the first Flight Coupon for international travel has not been used and the Passenger commences the journey at any Stopover, the Ticket will not be valid and the Carrier will not honor the Passenger´s Ticket.
Each Flight Coupon will be accepted for Carriage in the class of service specified therein on the date and time for which reservations have been made. When Flight Coupons are issued without a reservation being specified thereon, space will be reserved on application subject to the conditions of the relevant fare and the availability of space on the flight applied for.
Fares cover Carriage from the airport at the point of origin to the airport at the point of destination. Such fares do not include ground transport services between airports and between airports and town terminals, unless otherwise provided by the Carrier.
4.2 APPLICABLE FARES
Applicable fares are those published by or on behalf of the Carrier or, if not so published, constructed in accordance with Carrier´s Regulations. Subject to government requirements and Carrier´s Regulations, the applicable fare for Carriage is the fare for the flight, or flights, in effect on the date of purchase of the Carriage covered by the electronic ticket or the first Flight Coupon of the Ticket.
4.3 TAXES AND CHARGES
Any tax or charge imposed by government or other authority, or by the operator of an airport, in respect of a Passenger or the use by a Passenger of any services or facilities shall be payable by the Passenger, except as otherwise provided in Carrier´s Regulations.
If there is more than one routing at the same fare, the Passenger, prior to issue of the Ticket, may specify the routing. Otherwise, the Carrier may in its own discretion determine the routing.
Fares and charges are payable in any currency acceptable to the Carrier. When payment is made in a currency other than the currency in which the fare is published, such payment will be made at the rate of exchange established in accordance with Carrier´s Regulations.
5.1 RESERVATION REQUIREMENTS
Reservations are not confirmed until recorded as accepted by the Carrier or its Authorized Agent.
Certain fares come with conditions that limit or eliminate the passenger's right to modify or cancel their reservations, or to request a refund.
If the Passenger is travelling on Special Fares, the possibility to change or cancel reservations may be limited or excluded as provided by Carrier’s Regulations.
5.2 PERSONAL DATA
The Passenger recognizes that personal data has been given to the Carrier for the purpose of making a reservation, purchasing a ticket, obtaining ancillary services, developing and providing services facilitating immigration and entry procedures, and making available such data to government agencies. For these purposes, the passengers authorize Carrier to retain and use such data and to transmit it to its own offices, authorized agents, government agencies, other Carriers or the providers of the abovementioned services, in accordance with applicable law.
The Carrier will endeavor to honor any reservation of a particular seat in the aircraft. However, the Carrier reserves the right to relocate such a pre-seated Passenger if needed for operational, safety or security reasons, even after boarding.
5.4 RECONFIRMATION OF RESERVATIONS
Onward or return reservations made on other flights than Atlantic Airways flights may be subject to a requirement to reconfirm the reservation in accordance with Carrier´s Regulations. Failure to comply with any such requirement may result in cancellation of any onward or return reservations.
5.5 CANCELLATION OF ONWARD RESERVATIONS MADE BY THE CARRIER
A Passenger who does not intend to make use of a reservation shall notify the Carrier hereof. When a reservation is not used, the Carrier may cancel, or request cancellation, of any onward or return reservations, if there is a reason to believe that such reservation will not be used.
The Passenger must arrive at the Carrier´s check-in location sufficiently in advance of flight departure to permit completion of any government formalities and departure procedures, and in any event not later than the time shown in Carrier´s timetables or the Passenger’s booking confirmation.
The Passenger must have completed the check-in process not later than by the Check-in Deadline.
The Passenger must be present at the boarding gate for his/her flight as indicated on the Ticket not later than by the time shown in the Carrier’s timetables or as specified by the Carrier or its Authorized Agent at check-in.
If the Passenger fails to comply with the above, he/she may be refused Carriage, and the Carrier will not be liable for any loss or expense incurred, which is caused solely by the Passenger due to his/her failure to comply herewith.
7.1 RIGHT TO REFUSE CARRIAGE
The Carrier shall not be obliged to carry, and may refuse onward Carriage of, any Passenger and/or his/her Baggage for reasons of safety or if, in the exercise of its reasonable discretion, Carrier finds it necessary:
a) in order to comply with any applicable laws, regulations or orders of any state or country to be flown from, into or over, or where transportation in other ways is carried out, as well as failure by the Passenger to comply with these Conditions of Carriage; or
b) because the Passenger’s conduct, age or mental or physical state, including impairment of drugs and
alcohol, is such as to:
(i) require special assistance by the Carrier; or
(ii) cause discomfort to other Passengers; or
(iii) involve any hazard or risk to himself/herself or to other persons or to property; or
c) because the Passenger fails to observe and comply with the instructions of the Carrier or its crew; or
d) Because the Passenger has failed to observe and comply with the instructions of the Carrier or its crew on previous flights, and the Carrier has reason to believe that such conduct may be repeated; or
e) because the Passenger has refused to submit to a security check; or
f) because the applicable fare or any charges or taxes payable have not been paid, or credit arrangements agreed between the Carrier and the Passenger (or the person paying for the Ticket) have not been complied with; or
g) because the Passenger does not appear to possess valid and legal travel documents, has tried to enter a territory illegally during transit, has destroyed his/her travel documents during the flight, or has refused to allow the Carrier to make copies thereof; or
h) because the Ticket presented by the Passenger:
(i) has been acquired unlawfully or has been purchased from an entity other than the issuing Carrier or its Authorized Agent; or
(ii) has been reported as being lost or stolen; or
(iii) is counterfeit; or
i) because any Flight Coupon has been altered by anyone else than the Carrier or its Authorized Agent or has been mutilated.
j) because the person presenting the ticket cannot prove that he/she is the person named in the “NAME OF PASSENGER” box (the Carrier reserves the right to retain such ticket).
7.2 LIMITATION OF CARRIAGE
a) With regards to children or minors (below the age of 17) traveling unaccompanied, The Carrier does not accept children or minors traveling alone to/from the United States.
b) Pregnant Passengers in their ninth month may be refused transportation unless such Passenger
provides a doctor’s certificate dated no more than 72 hours prior to departure stating that the doctor
has examined and found the Passenger to be physically fit for air travel.
c) Passengers with special needs are encouraged to request special assistance during the booking process and/or to contact Atlantic Airways customer service prior to the date of carriage, such as requests for wheelchair assistance and/or mobility assistance with getting in and out of the plane, and travel with a mobility or medical device. For flights to and from the United States advance notice to obtain some specific services and assistance in connection with a flight is required at least 48 hours prior to departure, for example for travel with a service animal, or use of a portable oxygen concentrator during flight. Read more about service animals in ARTICLE 8.9.
Passengers who are incapacitated may be required to travel with a safety assistant, and arrangements must be made in advance with Atlantic Airways.
8.1 FREE BAGGAGE ALLOWANCE
The passenger may carry some baggage free of charge, subject to Carrier’s Regulations/Conditions and limitations, which are available on Carrier’s website and upon request.
8.2 EXCESS BAGGAGE
The Passenger will be required to pay a charge for the carriage of Baggage in excess of the free Baggage allowance. These rates are available on Carrier’s website and upon request.
8.3 CHECKED BAGGAGE
Upon delivery to Carrier of Baggage to be checked, the Carrier shall take custody thereof and issue a Baggage Identification Tag for each piece of Checked Baggage.
Checked Baggage must always have the Passenger’s name and address, or other personal identification affixed to it. Name tags are available at all Atlantic Airways Ticket offices and check-in counters.
Checked baggage will if within limits whenever possible be carried on the same aircraft as the passenger, unless Carrier decides for safety, security, or operational reasons to carry it on an alternative flight. If the checked baggage is carried on a subsequent flight Carrier will deliver it to the passenger unless applicable law requires the passenger to be present for customs clearance.
The Carrier may refuse to accept Baggage as checked unless it is properly packed in suitcases or other suitable containers to ensure safe Carriage with ordinary care in handling.
8.3.1 NOTICE OF LIABILITY LIMITATIONS
Packing of any fragile items in checked baggage is not considered as proper packing and falls under notice of Liability Limitations.
Each passenger is solely responsible for packing their baggage in such a way that the contents cannot be damaged. The passenger is liable for any damage caused to the plane’s equipment or another passenger’s baggage should a bottle containing liquid in their checked baggage break. Atlantic Airways does not accept liability for the damage to contents caused by a broken bottle, tube or container.
Atlantic Airways strongly recommend our passengers to take out travel insurance for any of the above- mentioned items.
8.4 UNCHECKED BAGGAGE
Baggage which the Passenger carries on to the aircraft must fit under the seat in front of the Passenger or in an enclosed storage compartment in the cabin. Items determined by the Carrier to be of excessive weight or size will not be permitted in the cabin and must be carried as Checked Baggage with any applicable charge payable by the Passenger in accordance with the Carrier’s Regulations.
Objects not suitable for transport in the cargo compartment (such as delicate musical instruments and the like), will only be accepted for transportation in the cabin compartment if due notice has been given in advance and permission granted by the Carrier. The transport of such objects may be subject to
additional charges payable by the Passenger in accordance with Carrier’s Regulations.
8.5 EXCESS VALUE DECLARATION AND CHARGE
In accordance with the Montreal Convention, the Passenger may raise the Carrier’s liability limits for Checked Baggage by a “special declaration of interest” if the Passenger pays the applicable charges related hereto.
Liability for loss, delay or damaged baggage is limited unless a higher value is declared in advance and additional charges are paid. Excess valuation may not be declared on certain types of articles.
The Carrier may refuse to accept such a declaration for Checked Baggage, when a portion of the Carriage is to be provided by another Carrier which does not offer the special declaration of interest option.
8.6 COLLECTION AND DELIVERY OF BAGGAGE
The Passengers must collect his/her Checked Baggage as soon as it is available for collection at the Passenger’s destination or stopover.
If the Baggage is not collected within reasonable time, the Carrier may charge the Passenger a storage fee. If the Baggage is not claimed within three months from the time it is made available, the Carrier may dispose of it without any liability to the Passenger or the owner(s) of the contents of the Baggage.
Only the bearer of the Baggage Check and Baggage Identification Tag is entitled to delivery of the Baggage. Failure to produce the Baggage Identification Tag shall not prevent delivery, provided that the Baggage Check is produced and the Baggage is identified by other means.
If a person claiming the Baggage is unable to produce the Baggage Check and identify the Baggage by means of a Baggage Identification Tag, the Carrier will deliver the Baggage to such person only on
condition that he/she establishes to the Carrier´s satisfaction his/her right thereto, and if required by the Carrier, such person shall furnish adequate security to indemnify the Carrier for any loss, damage or expense which may be incurred by Carrier as a result of such delivery.
Acceptance of Baggage by the bearer of the Baggage Check without complaint at the time of delivery is prima facie evidence that the Baggage has been delivered in good condition and in accordance with the Contract of Carriage.
Discovery of any Damage to the Baggage shall be reported to the Carrier by the bearer of the Baggage Check in accordance with Article 16.
8.7 ITEMS UNACCEPTABLE AS BAGGAGE
Items the Passenger must not include in his/her Baggage, and the Carrier may refuse Carriage of:
a) Items the Carriage of which is prohibited to carry, including hazardous materials, by the applicable laws, regulations, or orders of any state to be flown from, to or over, or where transportation in other ways is carried out.
b) Items which, in the reasonable opinion of the Carrier, are unsuitable for Carriage by reason of their weight, size or character, such as fragile or perishable items.
c) Live animals, except as provided for in Article 8.9.
d) Items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the ICAO or IATA Dangerous Goods Regulations, except that firearms and ammunition for hunting and/or sporting purposes are accepted by Carrier only as Checked Baggage in accordance
with Carrier’s Regulations, when
(i) firearms are unloaded with the safety catch on and suitably packed; and
(ii) ammunition is secured in accordance with the ICAO or IATA Dangerous Goods Regulations.
e) Weapons, such as antique firearms, swords, knives and similar items including replicas and dummies, unless accepted as Checked Baggage in accordance with Carrier´s Regulations.
f) The following items in Checked Baggage: Money, keys, jewelry, precious metals, silverware, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples.
8.8 RIGHT OF SEARCH
The Carrier and an authorized public authority or airport authority may request the Passenger to permit a search or scan to be made of his/her person and his/her Baggage, and may search or scan the Passenger´s Baggage in his/her absence, for the purpose of determining whether the Passenger carries, or his/her Baggage contains, any item described in Article
8.7, or any firearms and/or ammunitions which have not been presented to the Carrier in accordance with paragraph d) of article 8.7. If the Passenger is unwilling to comply with such request, the Carrier may refuse to provide carriage for the Passenger and the Baggage without any liability to the Passenger.
8.9 ANIMALS AND SERVICE ANIMALS
Animals such as dogs, cats, household birds, and other pets are not allowed on Atlantic Airways flights to/from the United States with the exception of service animals. See 8.9.1 for the Atlantic Airways definition of a service animal.
8.9.1 SERVICE ANIMALS (DOGS)
Animal species other than dogs, emotional support animals intended to mitigate a passenger’s disability by their presence, comfort animals, companion animals, therapy animals, and service animals in training are not considered service animals for our Conditions of Carriage.
Service animals are dogs, regardless of breed or type, that are individually trained to do work or perform tasks for the benefit of a qualified individual. On our flights, we accept service animals that accompany travelers with a disability, including a physical or sensory disability. Such animals include but are not limited to:
• Guide dogs
• Hearing dogs
• Diabetic alert dogs
• Mobility assistance dogs
• Autism service dogs
Fully trained service dogs accompanying a passenger with disabilities may fly in the cabin at no extra charge on flights to and from the United States, subject to Carrier’s Regulations.
Acceptance for the Carriage of animals is subject to the condition that the Passenger assumes full responsibility for such animals. The Carrier shall not be liable for injury to or loss, delay, sickness, or death of such animal if it is refused entry into or passage through any country, state or territory.
• Atlantic Airways will carry a recognized service animal free of charge in the cabin.
• Atlantic Airways limits the number of service animals on each flight to two (2). You are required to check with Carrier before booking to check availability.
• The owner assumes all risk of injury to, or sickness or death of any such animal accepted for transportation.
• The owner is responsible for any damages caused by the animal.
• The Passenger must be in possession of all documents required by the authorities of the arriving destination. Atlantic Airways will not be held responsible if entry into or passage through any country is denied. Customers should contact the appropriate consulate or embassy to make sure that all necessary procedures are followed.
If Carrier agrees to carry the Passenger’s service animals, they will be carried subject to the following
8.9.2 The Passenger must ensure that the service animal is crated correctly (if relevant) and accompanied by valid health and vaccination certificates, entry permits, and other documents required by countries of entry. If not present, they will not be accepted for Carriage.
8.9.3 Service animals, together with containers and food accompanying the passengers with disabilities, will be carried free of charge in addition to the free baggage allowance subject to Carriers’ regulations, which are available upon request.
8.9.4 Acceptance for Carriage of service animals is subject to the condition that the Passenger assumes full responsibility for such service animal. Carrier is not liable for injury to or loss, sickness, or death of a service animal, which Carrier has agreed to carry unless Carrier has been negligent.
8.9.5 Carrier will have no liability in respect of any such service animal not having all the necessary exit, entry, health, and other documents concerning the service animal’s entry into or passage through any country, state, or territory, and the person carrying the service animal must reimburse Carrier for any fines, costs, losses or liabilities reasonably imposed or incurred by Carrier as a result.
The Carrier undertakes to use its best efforts to carry the Passenger and his/her Baggage with reasonable dispatch, and to adhere to published schedules in effect on the date of travel.
The Carrier shall not be liable for errors or omissions in timetables or other published schedules, or for representations made by any of the Carrier’s Authorized Agents as to the dates or times of departure or arrival or as to the operation of any flight, except in case of Carrier´s acts or omissions done with intent to cause Damage or by reckless behavior and with knowledge that Damage would probably result.
9.2 CANCELLATION, REROUTINGS AND DELAYS
If the Carrier cancels or reroutes a flight, or a flight is delayed, and the Carrier therefore is unable to provide previously confirmed space, fails to stop at the Passenger´s Stopover or destination point, or causes the Passenger to miss a connecting flight on which he/she holds a conjunction ticket, the Carrier shall offer a refund in accordance with the provisions of Article 10, and in the case a refund is accepted the Carrier shall be under no further liability to the Passenger. In addition to offering a refund, the Carrier shall offer, at its discretion, to:
a) Carry the Passenger on another of its scheduled services on which there is available room; and/or
b) Reroute the Passenger to the destination indicated on the Ticket, or applicable portion thereof, by its own scheduled services or the scheduled services of another Carrier, or by means of surface transportation. If the sum of the fare, excess Baggage charge and any applicable service charge for the revised routing is higher than the refund value of the Ticket or applicable portion thereof, the Carrier shall require no additional fare or charge from the Passenger.
9.3 DENIED BOARDING
In order to accommodate as many passengers as possible, and based upon the experience that a number of travelers will not show up for the flight on which they hold a reservation, the Carrier may confirm space above the capacity of the aircraft. This practice may from time-to-time result in a denied boarding situation.
If the Passenger is denied transportation on the flight on which he/she holds a reservation, the Passenger may qualify for denied boarding compensation (DBC). Details concerning this compensation scheme are available at all the Carrier´s offices and stations and Authorized Agents.
The Passenger may also approach the Carrier with other documented expenses of other direct costs held by the Passenger due to denied boarding. The Carrier will consider whether these additional expenses qualify for DBC.
Refunds will be made only by the Carrier which originally issued the Ticket or by its Authorized Agent if so authorized.
10.2 PERSON TO WHOM REFUND WILL BE MADE
Refunds will be made either to the person named in the Ticket, or to the person who has paid for the Ticket upon presentation of satisfactory proof of such payment.
If a Ticket has been paid for by a person other than the Passenger named in the Ticket, and it is indicated on the Ticket that there is a restriction on refunds, the Carrier shall make a refund only to the person paying for the ticket or to that person´s order.
Except for cases of lost Tickets, refunds will only be made upon the surrender to the Carrier of the Ticket and all unused Flight Coupons.
Refunds made to anyone in accordance with this Article shall be deemed a refund and shall release the Carrier from any and all liability and any further claim for refunds relating to the Ticket in question.
10.3 VOLUNTARY REFUNDS
If the Passenger applies for a refund of his/her Ticket, the amount of the refund shall be:
a) if no portion of the Ticket has been used, an amount equal to the fare paid, less any applicable service charges or cancellation fees;
b) if a portion of the Ticket has been used, an amount equal to the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used, less any applicable service charges or cancellation fees.
10.4 INVOLUNTARY REFUNDS
On flights to and from the United States, a Passenger is entitled to a refund if the Carrier cancels a flight or if the Carrier makes a significant schedule change and/or significantly delays a flight and the Passenger chooses not to travel:
a) If no part of the ticket has been used, the refund amount will be equal to the fare paid.
b) If a part of the ticket has been used, the refund amount will be no less than the difference between the fare paid and the applicable fare for travel between the points for which the ticket has been used.
10.5 REFUND OF LOST TICKETS
If a passenger loses their ticket or a portion of it, they may receive a refund upon payment of a reasonable administration fee, subject to the following conditions:
a) The lost ticket or portion of it has not been previously refunded, replaced, or used.
b) The person receiving the refund agrees, in a form prescribed by Carrier, to repay the refunded amount in the event of fraud or to the extent that a third party uses the lost ticket or portion of it. The refund will be issued as soon as practicable after the ticket's validity period expires.
All refunds will be subject to government laws, rules and regulations or orders of the country in which the Ticket was originally purchased and of the country in which the refund is being made. Subject to the foregoing provision, refunds will normally be made in the currency in which the Ticket was paid for, but may be made in another currency at the Carrier’s discretion in accordance with Carrier´s Regulations.
ARTICLE 11: CONDUCT ABOARD AIRCRAFT
If the Passenger conducts himself/herself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstructs the crew in the performance of their duties, or fails to comply with any instruction of the crew, or behaves in a manner to which other Passengers may reasonably object, the Carrier may take such measures as it deems necessary to prevent continuation of such conduct, including restraint of the Passenger.
The Passenger may be disembarked or refused onwards Carriage if he/she exhibits any of the above mentioned behavior, and the Passenger may be prosecuted for any offences committed on board the aircraft. Further, the Passenger shall indemnify the Carrier for any costs and/or losses incurred by the Carrier as a result of such conduct by the Passenger.
11.2 ELECTRONIC DEVICES
The Passenger may only operate electronic devices, (including mobile phones, laptop computers or electronic games) capable of flight-mode. Hearing aids and heart pacemakers are permitted.
11.3 NON-SMOKING FLIGHT
All Atlantic Airways flights are non-smoking flights, including a prohibition on the use of electronic cigarettes. Smoking and the use of electronic cigarettes is prohibited in all areas of the aircraft.
11.4 SEAT BELTS COMPULSORY
The Passenger is, during the entire flight, under an obligation to wear his/her seatbelt while seated,
unless otherwise instructed or permitted by the Carrier’s crew.
If in the course of concluding the contract of Carriage, the Carrier also agrees to make arrangements for the provision of additional services (e.g. other transportation than by air, hotel bookings, car rental), the Carrier acts solely as an agent for the Passenger in doing so and shall not be liable to the Passenger, except for cases of negligent behavior on its part in making such arrangements in which case such liability shall be subject to and limited by the provisions of Article 15.
The Passenger shall comply with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or over, and with Carrier´s Regulations and instructions.
13.2 TRAVEL DOCUMENTS
The Passenger shall present all exit, entry, health and other documents required by laws, regulations, orders, demands or requirements of the countries concerned. The Carrier reserves the right to refuse Carriage of any Passenger who has not complied with applicable laws, regulations, orders, demands or requirements or whose documents do not appear to be in order.
13.3 REFUSAL OF ENTRY
The Passenger agrees to pay the applicable fare whenever the Carrier, on government order, is required to return a Passenger to his/her point of origin or elsewhere, owing to the Passenger´s inadmissibility into a country, whether of transit or of destination. The Carrier may apply to the payment of such fare any funds paid to the Carrier for unused Carriage, or any funds of the Passenger in the possession of the Carrier. The fare collected for Carriage to the point of refusal of entry or deportation will not be refunded by the Carrier.
13.4 PASSENGER RESPONSIBLE FOR FINES, DETENTION COSTS, ETC.
If the Carrier is required to pay or deposit any fine or penalty or to incur any expenditure by reason of the Passenger´s failure to comply with laws, regulations, orders, demands and travel requirements of the countries concerned, or to produce the required documents, the Passenger shall immediately upon demand reimburse to the Carrier any amount so paid or deposited and any expenditure so incurred. The Carrier may use towards such expenditure any funds paid to the Carrier for unused Carriage, or any funds of the Passenger in the possession of the Carrier.
13.5 CUSTOMS INSPECTION
If required, the Passenger shall attend inspection of his/her Baggage, checked or unchecked, by customs or other government officials. The Carrier is not liable to the Passenger for any loss or Damage suffered by the Passenger through failure to comply with this requirement.
13.6 SECURITY INSPECTION
The Passenger shall submit to any security checks by government or airport officials or by any Carrier.
Carriage to be performed by several successive Carriers under one Ticket, or under a Ticket and any Conjunction Ticket issued in connection therewith is regarded as a single operation for the purposes of the Convention.
The liability of each Carrier involved in the Passenger’s journey will be determined by that Carrier’s own conditions of carriage.
The Carrier is only liable for damages occurring during Carriage for which its Airline Designator Code appears on the Ticket in the “carrier box” for the corresponding flight or flight segment. If a Carrier issues a Ticket or checks Baggage on behalf of another Carrier, it does so only as an agent for such other Carrier(s) and will not be liable for any Damage whatsoever relating to that Carriage. Nevertheless, with respect to Checked Baggage, the Passenger is entitled to take action against both the first and the last Carrier.
Carriage hereunder is subject to the rules and limitations relating to liability as established by the Convention and applicable national law. Parts of the Convention appear from the Passenger´s Ticket for international Carriage as defined by the Convention.
Whether or not the Convention applies, the Carrier’s liability shall be determined as follows:
a) The value of a national currency, in terms of the SDR shall be calculated either in accordance with the method of evaluation applied by the International Monetary Fund, in effect at that date of the payment, or in a manner determined by compulsory provisions of applicable national law.
b) In the Carriage of Passengers and Baggage, the Carrier shall not be liable if it proves that it and its employees and Authorized Agents have taken all necessary measures to avoid the Damage, or that it was impossible for them to take such measures.
c) The Carrier shall only be liable for loss or Damage to the Passenger or his/her Baggage if such Damage has been caused by the negligence of the Carrier. If there has been contributory negligence on the part of the Passenger, the Carrier´s liability shall be limited or exonerated as the case may be under applicable law.
d) The Carrier is not liable for any Damage arising from its compliance with any laws or government regulations, orders or requirements, or from failure of the Passenger to comply with the same.
e) The Carrier´s liability shall not exceed the amount of proven Damages. The Carrier shall furthermore not be liable for indirect or consequential Damages.
f) The Carrier is not liable for injury to the Passenger or for Damage to the Passenger´s Baggage caused by items contained in such Passenger´s Baggage. If the Passenger’s Baggage causes injury to another person or Damage to another person´s property or to the Carrier’s property, he/she shall indemnify the Carrier for all losses and expenses incurred by the Carrier as a result thereof.
g) If the Passenger is of such an age or mental or physical condition as to involve any hazard or risk to himself/herself, Carrier shall not be liable for any illness, injury or disability, including death, attributable to such condition or for the aggravation of such condition.
h) Any of Carrier’s exclusions or limitations of liability shall apply to and be for the benefit of all of the Carrier’s Authorized Agents, employees and representatives and any person whose aircraft is used by the Carrier and such person´s agents, employees and representatives. The aggregate amount recoverable from the Carrier and from such agents, employees, representatives and persons shall not exceed the amount of the Carrier´s limit of liability.
15.2 LIABILITY ON INTERNATIONAL FLIGHTS
Notwithstanding the above, for international travel, the Warsaw Convention and the Montreal Convention govern liability for personal injury, death or damage. The terms and conditions are set by these conventions. The Conventions set compensation amounts for death, injury, baggage loss and damage.
The Carrier’s liability with respect to each Passenger for cases of death, wounding or other bodily injury shall be limited to the sum of 128,821 SDR or its equivalent. The Carrier shall not be liable for damages to the extent that they exceed 128,821 SDR or each passenger if the Carrier proves that: (1) such damage was not due to the negligence or other wrongful act or omission of the Carrier or its servants or agents; or (2) such damage was solely due to the negligence or other wrongful act or omission of a third party. The Carrier reserves all other defenses and limitations available under the Warsaw or the Montreal Convention, whichever may apply.
The Carrier is liable for damages sustained in the case of destruction or loss of, damage to, or delay of checked or unchecked baggage, as provided:
a) Except as otherwise provided, the liability of the Carrier is limited to 1,288 SDR for each passenger in the case of destruction, loss, damage, or delay of baggage, whether checked or unchecked, under the Warsaw Convention or the Montreal Convention, whichever may apply.
b) For purposes of determining liability with respect to lost, damaged or destroyed baggage under the Warsaw Convention, the weight of each piece of such baggage shall be deemed to be the maximum allowable weight for each piece of such baggage under the applicable restrictions, unless the actual weight is stated on the Baggage Check
Nothing herein shall be deemed to affect the rights and liabilities of the Carrier with regards to any claim brought by, on behalf of, or in respect of, any person who has willfully caused damage which resulted in death, wounding, or other bodily injury of a Passenger.
16.1 NOTICE OF CLAIMS
No action shall lie in the case of Damage to Checked Baggage unless the person entitled to delivery of the Baggage complains to the Carrier forthwith after the discovery of the Damage, and, at the latest within seven (7) days from the date of receipt; and in the case of delay, unless the complaint is made at the latest within twenty-one (21) days from the date on which the Baggage has been placed at his/her disposal. Every complaint must be made in writing and dispatched within the specified time limits.
16.2 LIMITATION OF ACTIONS
Any right to Damages shall expire if an action is not brought within two years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the Carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court before which the case is brought.
No Authorized Agent, employee, or representative of the Carrier has the authority to alter, modify or waive any provision of these Conditions of Carriage.